Costa Mesa — 2024-04-02

CLOSED SESSION ITEMS:\n1. CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION - ONE CASE\nPursuant to California Government Code Section 54956.9 (d)(4), Potential Litigation.\n2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR\nPursuant to California Government Code Section 54956.8\nAPN: 420-012-16\nAgency Negotiators: Lori Ann Farrell Harrison, City Manager\nNegotiating Parties: State of California\nUnder Negotiation: Price and Terms of Payment\nAUTHORITY*

1. PROCEDURAL WAIVER: WAIVE THE FULL READING OF ALL 24-105\nORDINANCES AND RESOLUTIONS\nRECOMMENDATION:\nCity Council and Housing Authority approve the reading by title only and waive\nfull reading of Ordinances and Resolutions.

2. READING FOLDER 24-106\nRECOMMENDATION:\nCity Council receive and file Claims received by the City Clerk and authorize\nstaff to reject any and all Claims: Morgan & Morgan (Heidi Kearns), Eli\nNavarette, Gary Reynolds.\nAUTHORITY*

5. DESIGNATION OF VOTING DELEGATE FOR THE SOUTHERN 24-112\nCALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) 2024\nREGIONAL CONFERENCE AND GENERAL ASSEMBLY\nRECOMMENDATION:\nStaff recommends the City Council designate Council Member Arlis Reynolds as\nthe delegate for the upcoming 2024 Annual Southern California Association of\nGovernments (SCAG) Regional Conference and General Assembly.

6. AMENDMENT TO THE CITYWIDE TRAFFIC SIGNAL MAINTENANCE 24-103\nCONTRACT\nRECOMMENDATION:\nStaff recommends the City Council:\n1. Approve the First Amendment (Attachment 1) to the Maintenance Services\nAgreement (MSA) with Yunex LLC to provide maintenance of the City’s traffic\nsignals, increasing the annual compensation for current and future years of\nthe MSA by $100,000, for an annual amount not to exceed $500,000.\n2. Authorize the City Manager and the City Clerk to execute the agreement and\nfuture amendments to the agreement.\nAttachments: 1. Amendment No. 1 to MSA\n2. MSA for signal maintenance with Yunex\nAUTHORITY*

7. REJECT ALL BIDS - WILSON, WAKEHAM, AND TEWINKLE PARKS 24-114\nBRIDGES REPLACEMENT PROJECT, CITY PROJECT NO. 23-12\nRECOMMENDATION:\nStaff recommends the City Council reject all bids for the Wilson, Wakeham, and\nTeWinkle Parks Bridges Replacement Project, City Project No. 23-12.\nAttachments: 1. Bid Abstract\nAT THIS TIME COUNCIL WILL ADDRESS ANY ITEMS PULLED FROM THE CONSENT\nCALENDAR

1. AWARD OF FIRE STATION NO. 4 TRAINING TOWER AND SITE 24-098\nIMPROVEMENTS PROJECT, CITY PROJECT NO. 23-04, AND\nFINDING OF A CATEGORICAL EXEMPTION FROM THE CALIFORNIA\nENVIRONMENTAL QUALITY ACT (CEQA)\nRECOMMENDATION:\nStaff recommends the City Council:\n1. Find that the Fire Station No. 4 Training Tower and Site Improvements\nProject, City Project No. 23-04, is categorically exempt from the California\nEnvironmental Quality Act (CEQA) pursuant to CEQA guidelines Section\n15301.\n2. Adopt plans, specifications, and working details for the Fire Station No. 4\nTraining Tower and Site Improvements Project, City Project No. 23-04.\n3. Authorize the City Manager and City Clerk to execute a Public Works\nAgreement (PWA) in a not to exceed amount of $3.5 million and future\ncontract amendments as approved by the City Attorney within City Council\nauthorized limits to Caliba, Inc., 8031 Main Street, Stanton, California 90680.\n4. Authorize the City Manager and City Clerk to execute a Professional\nServices Agreement (PSA) in the amount of $347,241 and future contract\namendments as approved by the City Attorney and within City Council\nauthorized limits to STV Construction, Inc., 1055 West 7th Street, Suite\n2900, Los Angeles, California 90017.\n5. Authorize the City Manager to negotiate change orders, as needed, to split\nthe project into phases based on available funding, and explore financing\noptions, including bond financing, with final bond documents to be brought to\nthe City Council for final adoption, to fund the remaining unfunded portion of\nthe project’s construction costs currently totaling $1.5 million for the second\nphase of the project.\nENVIRONMENTAL DETERMINATION:\nThe proposed action is exempt from the California Environmental Quality Act\n(CEQA). The action involves an organizational or administrative activity of\ngovernment that will not result in direct or indirect physical change in the\nenvironment. In addition, the proposed action is exempt under Section 15301\nrelating to the operation, repair, maintenance, permitting, and/or minor alteration\nof existing public facilities.\nAUTHORITY*\nAttachments: 1. Bid Abstract\n2. Kazoni's Bid Protest\n3. Caliba's Response\n4. STV's Proposal\nAUTHORITY*

2. FISCAL YEAR 2023-24 MID-YEAR BUDGET UPDATE AND 24-051\nADJUSTMENTS\nRECOMMENDATION:\nThe Finance Department is undergoing the mid-year budget review for Fiscal\nYear 2023-24 that began on July 1, 2023. Certain staffing changes are\nrecommended to assist in achieving City Council goals and priorities as soon as\npossible. In addition, Funds in the Capital Improvement Program (CIP) that\nneed to be carried over into Fiscal Year 2023-24 require City Council approval.\n1. Amend the Table of Organization to add 3.27 new FTEs in the Economic and\nDevelopment Services Department (2.0 FTEs); Parks and Community\nServices (0.75 FTE); and the Police Department (0.52 FTEs) to help achieve\nCity Council goals and priorities related to housing, park and environmental\nresources management, and public safety.\n2. Approve FY 2023-24 Staffing title changes and compensation adjustments to\nrealign positions with current operational needs in multiple departments\n(Attachment 2).\na. Approve Resolution No. 2024-XX, approving new classification\nand salary/pay ranges for an Animal Services Coordinator, new\ntitle for Multimedia Specialist and new title and pay ranges for\nFinance Officer.\nb. Approve Resolution No. 2024-XX approving compensation\nadjustments for Finance Officer (Confidential).\nc. Approve Resolution No. 2024-XX creating new classification and\nsalary/pay ranges for Graduate Intern and compensation\nadjustments for Intern classification, absorbed within the existing\nadopted budget, in order to create a more viable pipeline of\napplicants to recruit City employees.\n3. Approve FY 2023-24 Budget Carryovers from the prior year in the General\nFund and the various Capital Projects Funds (Attachment 1) for outstanding\ncapital projects.\nAttachments: 1. Mid year CIP\n2. Confidential Resolution\n3. Part Time Resolution\n4. CMCEA Resolution\n5. 4.2.24 Org chart\nAUTHORITY*

3. APPOINTMENTS TO VARIOUS CITY COMMITTEES 24-086\nRECOMMENDATION:\nStaff recommends the City Council make appointments as follows:\n1. Animal Services Committee - Make four (4) member appointments with a\nterm expiration of April 2026. One nomination by Mayor Stephens, Council\nMember Harper, Council Member Gameros, and Mayor Pro Tem Harlan. A\nCouncil Member may defer his nomination to the Council Liaison (Mayor\nStephens, Council Member Harper).\n2. Active Transportation Committee - Make six (6) member appointments with a\nterm expiration of April 2026. One nomination by Mayor Stephens, Council\nMember Harper, Council Member Gameros, and Mayor Pro Tem Harlan and,\ntwo at large appointments, the two at-large members should ensure broad\nrepresentation of different mobility options and experiences (e.g., walk, bike,\nbus, and age ability). A Council Member may defer his nomination to the\nCouncil Liaison (Council Member Reynolds).\n3. Finance and Pension Advisory Committee - Make four (4) member\nappointments with a term expiration of April 2028. One nomination by Mayor\nStephens, Council Member Harper, Council Member Gameros, and Mayor\nPro Tem Harlan. A Council Member may defer his nomination to the Council\nLiaison (Mayor Stephens, Alternate Council Member Marr, and Council\nMember Harper).\n4. Housing and Public Service Grants Committee - Make four (4) regular\nmember appointments with a term expiration of April 2026. One nomination\nby Mayor Stephens, Council Member Harper, Council Member Gameros,\nand Mayor Pro Tem Harlan. A Council Member may defer his nomination to\nthe Council Liaison (Council Member Chavez, Alternate Council Member\nHarper).\n5. Mobile Home Park Advisory Committee - Make one (1) Park Owner or\nRepresentative appointment, two (2) Mobile Home Park Resident\nappointments, and one (1) Independent Citizen At-large appointment, all with\na term expiration of April 2028. One nomination by Mayor Stephens, Council\nMember Harper, Council Member Gameros, and Mayor Pro Tem Harlan. A\nCouncil Member may defer his nomination to the Council Liaison (Council\nMember Reynolds, Alternate Council Member Chavez).\n6. Approve the recommendation from the Historical Preservation Committee to\nformally dissolve in lieu of merging with the Costa Mesa Historical Society\nand transferring the Committee’s funds to the Costa Mesa Historical Society.\nAUTHORITY*\nAttachments: 1. Animal Services Committee Applications\n2. Active Transportation Committee Applications\n3. Finance and Pension Advisory Committee Applications\n4. Housing and Public Service Grants Committee\n5. Mobile Home Park Advisory Committee

1. CITY COUNCIL FIRST READING OF ORDINANCES TO AMEND TITLE 24-113\n13 (PLANNING, ZONING AND DEVELOPMENT) AND TITLE 9\n(LICENSES AND BUSINESS REGULATIONS) OF THE COSTA MESA\nMUNICIPAL CODE TO MODIFY THE CITY’S RETAIL CANNABIS\nPROVISIONS AND FIND THIS PROJECT TO BE CATEGORICALLY\nEXEMPT FROM CEQA\nRECOMMENDATION:\nStaff recommends the City Council:\n1. Find that the project is categorically exempt from the California\nEnvironmental Quality Act (CEQA), Section 15061(b)(3) (“General Rule”).\n2. Introduce for first reading, by title only, Ordinance No. 2024-03 amending\nTitle 13 (Planning, Zoning and Development) and Ordinance No. 2024-04\namending Title 9 (Licenses and Business Regulations) of the Costa Mesa\nMunicipal Code to modify the City’s retail cannabis provisions.\nAttachments: Agenda Report\n1. Draft Ordinance Title 13\n2. Draft Ordinance Title 9\n3. Exhibit A Title 13\n4. Exhibit A Title 9\n5. Track changes Title 13\n6. Track changes Title 9\nNEW BUSINESS: (Next Page)\nAUTHORITY*

PRESENTATIONS:\n1. Presentation: Active Transportation Committee Update

1. SECOND READING OF ORDINANCE NO. 2024-02 AMENDING TITLE 24-102\n13 (PLANNING, ZONING AND DEVELOPMENT) OF THE COSTA\nMESA MUNICIPAL CODE TO ESTABLISH AFFORDABLE HOUSING\nREQUIREMENTS FOR NEW RESIDENTIAL DEVELOPMENT\nPROJECTS AND FEE RESOLUTION TO ESTABLISH THE\nAFFORDABLE HOUSING IN-LIEU FEE SCHEDULE\nRECOMMENDATION:\nStaff recommends the Council:\n1. Find that the project is categorically exempt from the California\nEnvironmental Quality Act (CEQA), Section 15061(b)(3) (“General Rule”).\n2. Give second reading to and adopt Ordinance No. 2024-02 approving the\nAffordable Housing Ordinance and amending Title 13 to establish the\naffordable housing requirements for new residential development\nprojects.\n3. Adopt a fee resolution establishing the affordable housing in-lieu fee\nschedule.\nAttachments: Agenda Report\n1. Draft Ordinance\n2. In-Lieu Fee Resolution\n3. City Council AHO Changes\n4. Housing Plan Programs\n5. HCD Compliance Info\n6. Information Bulletin 532\nAUTHORITY*\nOLD BUSINESS: